MOHD. SALMAN versus COMMITTEE OF MANAGEMENT & ORS.

MOHD. SALMAN versus COMMITTEE OF MANAGEMENT & ORS.

In the absence of a rule providing for automatic confirmation and in view of the explicit terms of appointment and Rule 26, the appellant did not acquire any substantive right to the post merely by expiry of probation and his service could not be regularized automatically; confirmation required positive order and satisfactory performance, which was found lacking.

Parties
Appellant: Mohd. Salman; Respondents: Committee of Management & Ors.
Jurisdiction
India
Judgment Date
08 September 2011
Procedural Posture
Civil Appeal / Supreme Court Appeal From Division Bench Judgment of Allahabad High Court
Outcome
Appeals dismissed
Legal Topics
Probation Period, Deemed Confirmation, Termination of Service, Interpretation of Rule 26, Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Niyamawali
Service Law Probation Period Deemed Confirmation Termination of Service Interpretation of Rule 26, Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Niyamawali

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Parties

Mohd. Salman

Appellant

Committee of Management & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Division Bench Judgment of Allahabad High Court

Legal Issues

  1. 1 Whether the appellant is entitled to claim deemed confirmation of his service as Assistant Teacher on interpretation of Rule 26 of the Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Niyamawali

Ratio Decidendi

In the absence of a rule providing for automatic confirmation and in view of the explicit terms of appointment and Rule 26, the appellant did not acquire any substantive right to the post merely by expiry of probation and his service could not be regularized automatically; confirmation required positive order and satisfactory performance, which was found lacking.

Court Disposition

Appeals dismissed

Orders

  • Parties to bear their own costs